HB 1243

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the protection of victims of sexual
8	battery and lewd or lascivious offenses; providing a
9	popular name; creating s. 921.244, F.S.; requiring the
10	court to prohibit certain offenders from having direct or
11	indirect contact with the victims of the offenses;
12	authorizing the court to reconsider an order prohibiting
13	the contact in certain circumstances; providing criminal
14	penalties for a violation of the order; providing for a
15	consecutive sentence to previous sentences imposed for
16	convictions of certain offenses; amending s. 784.048,
17	F.S.; providing criminal penalties for willfully,
18	maliciously, and repeatedly following, harassing, or
19	cyberstalking the victim in violation of an order
20	prohibiting contact; providing for a consecutive sentence
21	to previous sentences imposed for convictions of certain
22	offenses; amending s. 921.0022, F.S.; designating the
23	offense of aggravated stalking in violation of a court
24	order on the offense severity ranking chart of the
25	Criminal Punishment Code; reenacting ss. 790.065(2)(c),
26	794.056(1), 938.08, 938.085, and 960.001(1)(b), F.S.,
27	relating to the sale and delivery of firearms, the Rape
28	Crisis Program Trust Fund, additional costs to fund
29	programs in domestic violence, additional costs to fund
30	rape crisis centers, and guidelines for the fair treatment
31	of victims and witnesses in the criminal justice and
32	juvenile justice systems, respectively, for the purpose of
33	incorporating the amendment to s. 748.048, F.S., in
34	references thereto; providing applicability; providing an
35	effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  This act may be known by the popular name the
40	"Lauren Book Protection Act."
41	Section 2.  Section 921.244, Florida Statutes, is created
42	to read:
43	921.244  Order of no contact; penalties.--
44	(1)  At the time of sentencing an offender convicted of a
45	violation of s. 794.011 or s. 800.04, the court shall order that
46	the offender be prohibited from having any contact with the
47	victim, directly or indirectly, including through a third
48	person, for the duration of the sentence imposed. The court may
49	reconsider the order upon the request of the victim if the
50	request is made at any time after the victim has attained 18
51	years of age. In considering the request, the court shall
52	conduct an evidentiary hearing to determine whether a change of
53	circumstances has occurred that warrants a change in the court
54	order prohibiting contact and whether it is in the best interest
55	of the victim that the court order be modified or rescinded.
56	(2)  Any offender who violates a court order issued under
57	this section commits a felony of the third degree, punishable as
58	provided in s. 775.082, s. 775.083, or s. 775.084.
59	(3)  The punishment imposed under this section shall run
60	consecutive to any former sentence imposed for a conviction for
61	any offense under s. 794.011 or s. 800.04.
62	Section 3.  Subsections (7) and (8) are added to section
63	784.048, Florida Statutes, to read:
64	784.048  Stalking; definitions; penalties.--
65	(7)  Any person who, after having been sentenced for a
66	violation of s. 794.011 or s. 800.04, and prohibited from
67	contacting the victim of the offense under s. 921.244,
68	willfully, maliciously, and repeatedly follows, harasses, or
69	cyberstalks the victim commits the offense of aggravated
70	stalking, a felony of the third degree, punishable as provided
71	in s. 775.082, s. 775.083, or s. 775.084.
72	(8)  The punishment imposed under this section shall run
73	consecutive to any former sentence imposed for a conviction for
74	any offense under s. 794.011 or s. 800.04.
75	Section 4.  Paragraph (g) of subsection (3) of section
76	921.0022, Florida Statutes, is amended to read:
77	921.0022  Criminal Punishment Code; offense severity
78	ranking chart.--
79	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
80
	(g)  LEVEL 7
81
	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
82
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
83
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
84
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
85
	409.920(2) 3rd Medicaid provider fraud.
86
	456.065(2) 3rd Practicing a health care profession without a license.
87
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
88
	458.327(1) 3rd Practicing medicine without a license.
89
	459.013(1) 3rd Practicing osteopathic medicine without a license.
90
	460.411(1) 3rd Practicing chiropractic medicine without a license.
91
	461.012(1) 3rd Practicing podiatric medicine without a license.
92
	462.17 3rd Practicing naturopathy without a license.
93
	463.015(1) 3rd Practicing optometry without a license.
94
	464.016(1) 3rd Practicing nursing without a license.
95
	465.015(2) 3rd Practicing pharmacy without a license.
96
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
97
	467.201 3rd Practicing midwifery without a license.
98
	468.366 3rd Delivering respiratory care services without a license.
99
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
100
	483.901(9) 3rd Practicing medical physics without a license.
101
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
102
	484.053 3rd Dispensing hearing aids without a license.
103
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
104
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
105
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
106
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
107
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
108
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
109
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
110
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
111
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
112
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
113
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
114
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
115
	784.048(7) 3rd Aggravated stalking; violation of court order.
116
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
117
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
118
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
119
	784.081(1) 1st Aggravated battery on specified official or employee.
120
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
121
	784.083(1) 1st Aggravated battery on code inspector.
122
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
123
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
124
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
125
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
126
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
127
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
128
	796.03 2nd Procuring any person under 16 years for prostitution.
129
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
130
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
131
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
132
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
133
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
134
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
135
	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
136
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
137
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
138
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
139
	812.131(2)(a) 2nd Robbery by sudden snatching.
140
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
141
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
142
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
143
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
144
	817.2341(2)(b)& (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
145
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
146
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
147
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
148
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
149
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
150
	838.015 2nd Bribery.
151
	838.016 2nd Unlawful compensation or reward for official behavior.
152
	838.021(3)(a) 2nd Unlawful harm to a public servant.
153
	838.22 2nd Bid tampering.
154
	872.06 2nd Abuse of a dead human body.
155
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
156
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
157
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a),(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
158
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
159
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
160
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
161
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
162
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
163
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
164
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
165
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
166
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
167
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
168
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
169
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
170
171	Section 5.  For the purpose of incorporating the amendment
172	to section 784.048, Florida Statutes, in a reference thereto,
173	paragraph (c) of subsection (2) of section 790.065, Florida
174	Statutes, is reenacted to read:
175	790.065  Sale and delivery of firearms.--
176	(2)  Upon receipt of a request for a criminal history
177	record check, the Department of Law Enforcement shall, during
178	the licensee's call or by return call, forthwith:
179	(c)1.  Review any records available to it to determine
180	whether the potential buyer or transferee has been indicted or
181	has had an information filed against her or him for an offense
182	that is a felony under either state or federal law, or, as
183	mandated by federal law, has had an injunction for protection
184	against domestic violence entered against the potential buyer or
185	transferee under s. 741.30, has had an injunction for protection
186	against repeat violence entered against the potential buyer or
187	transferee under s. 784.046, or has been arrested for a
188	dangerous crime as specified in s. 907.041(4)(a) or for any of
189	the following enumerated offenses:
190	a.  Criminal anarchy under ss. 876.01 and 876.02.
191	b.  Extortion under s. 836.05.
192	c.  Explosives violations under s. 552.22(1) and (2).
193	d.  Controlled substances violations under chapter 893.
194	e.  Resisting an officer with violence under s. 843.01.
195	f.  Weapons and firearms violations under this chapter.
196	g.  Treason under s. 876.32.
197	h.  Assisting self-murder under s. 782.08.
198	i.  Sabotage under s. 876.38.
199	j.  Stalking or aggravated stalking under s. 784.048.
200
201	If the review indicates any such indictment, information, or
202	arrest, the department shall provide to the licensee a
203	conditional nonapproval number.
204	2.  Within 24 working hours, the department shall determine
205	the disposition of the indictment, information, or arrest and
206	inform the licensee as to whether the potential buyer is
207	prohibited from receiving or possessing a firearm. For purposes
208	of this paragraph, "working hours" means the hours from 8 a.m.
209	to 5 p.m. Monday through Friday, excluding legal holidays.
210	3.  The office of the clerk of court, at no charge to the
211	department, shall respond to any department request for data on
212	the disposition of the indictment, information, or arrest as
213	soon as possible, but in no event later than 8 working hours.
214	4.  The department shall determine as quickly as possible
215	within the allotted time period whether the potential buyer is
216	prohibited from receiving or possessing a firearm.
217	5.  If the potential buyer is not so prohibited, or if the
218	department cannot determine the disposition information within
219	the allotted time period, the department shall provide the
220	licensee with a conditional approval number.
221	6.  If the buyer is so prohibited, the conditional
222	nonapproval number shall become a nonapproval number.
223	7.  The department shall continue its attempts to obtain
224	the disposition information and may retain a record of all
225	approval numbers granted without sufficient disposition
226	information. If the department later obtains disposition
227	information which indicates:
228	a.  That the potential buyer is not prohibited from owning
229	a firearm, it shall treat the record of the transaction in
230	accordance with this section; or
231	b.  That the potential buyer is prohibited from owning a
232	firearm, it shall immediately revoke the conditional approval
233	number and notify local law enforcement.
234	8.  During the time that disposition of the indictment,
235	information, or arrest is pending and until the department is
236	notified by the potential buyer that there has been a final
237	disposition of the indictment, information, or arrest, the
238	conditional nonapproval number shall remain in effect.
239	Section 6.  For the purpose of incorporating the amendment
240	to section 784.048, Florida Statutes, in a reference thereto,
241	subsection (1) of section 794.056, Florida Statutes, is
242	reenacted to read:
243	794.056  Rape Crisis Program Trust Fund.--
244	(1)  The Rape Crisis Program Trust Fund is created within
245	the Department of Health for the purpose of providing funds for
246	rape crisis centers in this state. Trust fund moneys shall be
247	used exclusively for the purpose of providing services for
248	victims of sexual assault. Funds credited to the trust fund
249	consist of those funds collected as an additional court
250	assessment in each case in which a defendant pleads guilty or
251	nolo contendere to, or is found guilty of, regardless of
252	adjudication, an offense defined in s. 784.011, s. 784.021, s.
253	784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s.
254	784.08, s. 784.081, s. 784.082, s. 784.083, s. 785.085, or s.
255	794.011.
256	Section 7.  For the purpose of incorporating the amendment
257	to section 784.048, Florida Statutes, in a reference thereto,
258	section 938.08, Florida Statutes, is reenacted to read:
259	938.08  Additional cost to fund programs in domestic
260	violence.--In addition to any sanction imposed for a violation
261	of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s.
262	784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
263	784.083, s. 784.085, s. 794.011, or for any offense of domestic
264	violence described in s. 741.28, the court shall impose a
265	surcharge of $201. Payment of the surcharge shall be a condition
266	of probation, community control, or any other court-ordered
267	supervision. The sum of $85 of the surcharge shall be deposited
268	into the Domestic Violence Trust Fund established in s. 741.01.
269	The clerk of the court shall retain $1 of each surcharge that
270	the clerk of the court collects as a service charge of the
271	clerk's office. The remainder of the surcharge shall be provided
272	to the governing board of the county and must be used only to
273	defray the costs of incarcerating persons sentenced under s.
274	741.283 and provide additional training to law enforcement
275	personnel in combating domestic violence.
276	Section 8.  For the purpose of incorporating the amendment
277	to section 784.048, Florida Statutes, in a reference thereto,
278	section 938.085, Florida Statutes, is reenacted to read:
279	938.085  Additional cost to fund rape crisis centers.--In
280	addition to any sanction imposed when a person pleads guilty or
281	nolo contendere to, or is found guilty of, regardless of
282	adjudication, a violation of s. 784.011, s. 784.021, s. 784.03,
283	s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s.
284	784.081, s. 784.082, s. 784.083, s. 784.085, or s. 794.011, the
285	court shall impose a surcharge of $151. Payment of the surcharge
286	shall be a condition of probation, community control, or any
287	other court-ordered supervision. The sum of $150 of the
288	surcharge shall be deposited into the Rape Crisis Program Trust
289	Fund established within the Department of Health by chapter
290	2003-140, Laws of Florida. The clerk of the court shall retain
291	$1 of each surcharge that the clerk of the court collects as a
292	service charge of the clerk's office.
293	Section 9.  For the purpose of incorporating the amendment
294	to section 784.048, Florida Statutes, in a reference thereto,
295	paragraph (b) of subsection (1) of section 960.001, Florida
296	Statutes, is reenacted to read:
297	960.001  Guidelines for fair treatment of victims and
298	witnesses in the criminal justice and juvenile justice
299	systems.--
300	(1)  The Department of Legal Affairs, the state attorneys,
301	the Department of Corrections, the Department of Juvenile
302	Justice, the Parole Commission, the State Courts Administrator
303	and circuit court administrators, the Department of Law
304	Enforcement, and every sheriff's department, police department,
305	or other law enforcement agency as defined in s. 943.10(4) shall
306	develop and implement guidelines for the use of their respective
307	agencies, which guidelines are consistent with the purposes of
308	this act and s. 16(b), Art. I of the State Constitution and are
309	designed to implement the provisions of s. 16(b), Art. I of the
310	State Constitution and to achieve the following objectives:
311	(b)  Information for purposes of notifying victim or
312	appropriate next of kin of victim or other designated contact of
313	victim.--In the case of a homicide, pursuant to chapter 782; or
314	a sexual offense, pursuant to chapter 794; or an attempted
315	murder or sexual offense, pursuant to chapter 777; or stalking,
316	pursuant to s. 784.048; or domestic violence, pursuant to s.
317	25.385:
318	1.  The arresting law enforcement officer or personnel of
319	an organization that provides assistance to a victim or to the
320	appropriate next of kin of the victim or other designated
321	contact must request that the victim or appropriate next of kin
322	of the victim or other designated contact complete a victim
323	notification card. However, the victim or appropriate next of
324	kin of the victim or other designated contact may choose not to
325	complete the victim notification card.
326	2.  Unless the victim or the appropriate next of kin of the
327	victim or other designated contact waives the option to complete
328	the victim notification card, a copy of the victim notification
329	card must be filed with the incident report or warrant in the
330	sheriff's office of the jurisdiction in which the incident
331	report or warrant originated. The notification card shall, at a
332	minimum, consist of:
333	a.  The name, address, and phone number of the victim; or
334	b.  The name, address, and phone number of the appropriate
335	next of kin of the victim; or
336	c.  The name, address, and phone number of a designated
337	contact other than the victim or appropriate next of kin of the
338	victim; and
339	d.  Any relevant identification or case numbers assigned to
340	the case.
341	3.  The chief administrator, or a person designated by the
342	chief administrator, of a county jail, municipal jail, juvenile
343	detention facility, or residential commitment facility shall
344	make a reasonable attempt to notify the alleged victim or
345	appropriate next of kin of the alleged victim or other
346	designated contact within 4 hours following the release of the
347	defendant on bail or, in the case of a juvenile offender, upon
348	the release from residential detention or commitment. If the
349	chief administrator, or designee, is unable to contact the
350	alleged victim or appropriate next of kin of the alleged victim
351	or other designated contact by telephone, the chief
352	administrator, or designee, must send to the alleged victim or
353	appropriate next of kin of the alleged victim or other
354	designated contact a written notification of the defendant's
355	release.
356	4.  Unless otherwise requested by the victim or the
357	appropriate next of kin of the victim or other designated
358	contact, the information contained on the victim notification
359	card must be sent by the chief administrator, or designee, of
360	the appropriate facility to the subsequent correctional or
361	residential commitment facility following the sentencing and
362	incarceration of the defendant, and unless otherwise requested
363	by the victim or the appropriate next of kin of the victim or
364	other designated contact, he or she must be notified of the
365	release of the defendant from incarceration as provided by law.
366	5.  If the defendant was arrested pursuant to a warrant
367	issued or taken into custody pursuant to s. 985.207 in a
368	jurisdiction other than the jurisdiction in which the defendant
369	is being released, and the alleged victim or appropriate next of
370	kin of the alleged victim or other designated contact does not
371	waive the option for notification of release, the chief
372	correctional officer or chief administrator of the facility
373	releasing the defendant shall make a reasonable attempt to
374	immediately notify the chief correctional officer of the
375	jurisdiction in which the warrant was issued or the juvenile was
376	taken into custody pursuant to s. 985.207, and the chief
377	correctional officer of that jurisdiction shall make a
378	reasonable attempt to notify the alleged victim or appropriate
379	next of kin of the alleged victim or other designated contact,
380	as provided in this paragraph, that the defendant has been or
381	will be released.
382	Section 10.  This act shall take effect July 1, 2004, and
383	shall apply to offenses committed on or after that date.

CODING: Words stricken are deletions; words underlined are additions.